Order No. 11 dt. 06/11/2019
The case of the complainant in brief is that the complainant deposited Rs.15,000/- as global advance under Q Shop Plan H to M/s. Sahara Q Shop Unique Products Range Ltd., a subsidiary unit of M/s Sahara Credit Cooperative Society Ltd on 25/08/2012 for six years. After maturity the accumulated LBP benefit will be more than twice the amount invested by the complainant and complainant claimed a maturity amount of Rs.35,250/- which is 2.35 times of the amount invested. On 31/08/2018 complainant issued letter to the o.p. seeking payment of the money on maturity. On 26/09/2018 complainant submitted a petition to the Assistant Director CA & FBP,Govt. of West Bengal seeking solution of the disputes by the process of mediation which had been compelled to be abandoned for non cooperation on the part of the o.ps. on 08/01/2019.Finding no other alternative complainant lodged this complaint praying direction upon the ops for payment of Rs.35,250/- with compensation of Rs.10,000/- for harassment and mental agony.
O.p. contested the case by furnishing w/v to the complainant and denied all material allegations of the complainant. O.p. raised 10 questions against the evidence submitted by the complainant. O.p. pointed out the order of the Supreme Court dated 21/11/2013, for which they were unable made any payment. However, o.p. have no objection in making payment Therefore, the o.ps cannot be held responsible for deficiency in service. As such, the o.ps prayed that they may be exempted from making any payment for compensation and litigation cost.
On the basis of the pleadings of the respective parties following points are to be decided:-
- Whether the complainant paid an amount of Rs.15,000/- to the o.ps?
- Whether the matured sum in the certificate is mentioned ?
- Whether there was any deficiency in service on the part of the o.ps?
- Whether the complainant will be entitled to get any relief as prayed for?
Decision with reasons:-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant deposited Rs.15,000/- as global advance under Q Shop Plan H to M/s. Sahara Q Shop Unique Products Range Ltd, a subsidiary unit of M/s Sahara Credit Cooperative Society Ltd on 25/08/2012 for six years. After maturity the accumulated LBP benefit will be more than twice the amount invested by the complainant and complainant claimed a maturity amount of Rs.35,250/- which is 2.35 times of the amount invested. On 31/08/2018 complainant issued letter to the o.p. seeking payment of the money on maturity. On 26/09/2018 complainant submitted a petition to the Assistant Director CA & FBP,Govt. of West Bengal seeking solution of the disputes by the process of mediation which had been compelled to be abandoned for non cooperation on the part of the o.p. on 08/01/2019.The complainant requested o.ps for releasing the matured sum in his favour but the o.ps did not pay any heed to that effect. On the basis of the said fact the complainant through her Advocate asked for refund of the money but no fruitful result was achieved for which the complainant filed this case praying for direction upon the o.psfor payment of the amount entitled.
Ld. Lawyer for the o.p.s argued and denied all material allegations of the complaint. O.p. raised 10 questions against the evidence submitted by the complainant. O.p. pointed out the order of the Supreme Court dated 21/11/2013, for which ops were unable made any payment. However, o.p. have no objection in making payment. Ld lawyer, therefore, argued that the o.ps cannot be held responsible for deficiency in service. As such, the o.ps prayed that ops may be exempted from making any payment for compensation and litigation cost.
Considering the submissions of the respective parties it is an admitted fact that the complainant deposited a sum of Rs15,000/- against receipt no - 71015945736 and the op-company, in turn, issued a certificate bearing no - 562018854366 dt 25/08/2012 in favour of the complainant. It is also an undisputed fact that the matured sum as per the certificate mentioned is not less than double the amount invested. It is also an undisputed fact that after the maturity period the complainant asked for refund of the money but the o.ps did not contact with the complainant demanding the documents issued by the op-company from the complainant for releasing fund in favour of the complainant. On 26/09/2018 complainant submitted a petition to the Assistant Director CA & FBP,Govt. of West Bengal seeking solution of the dispute by the process of mediation which had been compelled to be abandoned by the mediation cell of the Asst. Director for non cooperation on the part of the o.p. on 08/01/2019. The complainant thereafter issued a Lawyer’s Notice. In spite of receiving the Lawyer’s notice the o.ps did not refund the money for which the complainant had to file this case. In the questionnaire the o.p-company raised 10 questions against the evidence submitted by the complainant. O.ps in their written version pointed out the order of the Supreme Court dated 21/11/2013, for which ops were unable made any payment. However, in the written version as well as in the questionnaire submitted o.ps. have raised no objection in making payment of Rs35,250/- as claimed by the complainant. Considering the said fact since the complainant has suffered due to nonpayment of the amount in spite of maturity period, therefore, we hold that there is deficiency in service on the part of the o.ps and the complainant will be entitled to get the sum along with compensation and litigation cost.
Hence, it is ordered,
that the case no.48/2019 is allowed on contest with cost against the o.ps. O.ps are, jointly and/or severally, directed for payment of Rs.35,250/- (Rupees Thirty Five Thousand Two Hundred and Fifty ) only and compensation of Rs.500/-(Rupees Five hundred) only as well as litigation cost of Rs.5,00/-(Rupees Five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
